Current Act and Regulation Reviews

Index

• Review of Swimming Pools Act 1992

Following a comprehensive review of the Swimming Pools Act 1992 the NSW Government is proposing a number of amendments.

The amendments are designed to enhance the safety of very young children (aged 0-4) near private swimming pools in NSW by further reducing drownings and serious immersion injuries.

Background

In August 2004, following a request from the former Minister for Sport and Recreation, the former Minister for Local Government approved a review of the Swimming Pools Act 1992 and the Swimming Pools Regulation 1998.

The Swimming Pools Regulation 2008 was re-made on 1 September 2008. It calls up the latest Australian Standard for pool barriers (As1926.1-2007), which includes new requirements for non-climbable zones, mesh sizes for fences, retaining walls that form part of a barrier and balconies that project into the pool area.

The Act Review Report made a number of recommendations for amendment to the Act. As the recommendations and subsequent issues raised have significant implications for pool owners and councils as the local authorities under the Act, the report was circulated for public comment together with an Options Paper outlining various issues and options for amending the Act. A Better Regulation Statement was prepared to ensure that the proposals for amendment to the Act are required, reasonable and responsive.

Proposed amendments

The Swimming Pools Amendment Bill 2009 contains the proposed amendments to the Act. These include:

removal of automatic exemptions for new pools on very small, large and waterfront properties after a delayed commencement period

requirement for local authorities to investigate complaints received about non-compliance with the Act

ability for local authorities to enter a property to rectify pool barriers in situations where non-action poses a significant risk to public safety

increase to penalty amounts for offences under the Act.

The proposed amendments align with the NSW Government’s policy to ensure a high standard of four-sided barrier fencing is consistently applied to private swimming pools in NSW.

Consistent with this policy, consideration is also being given to further amendments to the Act to remove automatic exemptions for existing pools, including older pools built prior to 1 August 1990.

In tandem with the legislative amendments, additional backyard pool safety education initiatives are also under consideration.

For further information please contact Wendy Forrester on 02 4428 4172

Attachments and links

Swimming Pools Amendment Bill 2009

Swimming Pools Act 1992 Review - Report

Swimming Pools Act 1992 Review - Options Paper

Swimming Pools Act 1992 Review – Better Regulation Statement

Swimming Pools Act 1992 No 49

Swimming Pools Regulation 2008